Monday, August 21, 2017

Canada's Diva of Doodlers has Definitively Distilled in this Divine Depiction the Diverging Directions of Debate on Canadian Copyright


Giulia Forsythe, Canada's Diva of Doodlers, has Definitively Distilled in this Divine Depiction of the Diverging Directions of Debate on the Canadian copyright front in these two Distinctive Doodles from last weeks October 17, 2017 #OUCEL17 Copyright event that she organized for university copyright professionals at the University of Ottawa.

Here are the slides for my talk.

My talk is depicted above. Michael Geist's is depicted below.

Thanks, Giulia, for the invite and distinguished doodles.

HPK



Rogers Seeks Leave to Appeal to Supreme Court of Canada re Cost Recovery in Voltage Reverse Class Action







Rogers is seeking leave to appeal the recent Federal Court of Appeal ruling that denied it cost recovery for compliance with the Voltage court order in the reverse class action litigation.


Some background from my blog is here.


A news report is here.


Rogers’ Leave to Appeal material is here.


Rogers summarizes the basis for its leave motion as follows:

Rogers therefore seeks leave to appeal so the Court can provide guidance on the following issues:

 1. What are the obligations imposed on Canadian ISPs by the Notice and Notice Provisions?

2. Do those obligations supplant ordinary principles related to third-party discovery orders, and in particular, the principle that a third party should be reimbursed for the costs it incurs?


It will be interesting to see if Rogers gets leave, and if so who may wish to intervene.


HPK

Access Copyright’s Costs Motion Material Makes for Interesting Reading

Access Copyright as the prevailing party in the recently decided trial judgment in the Federal Court is seeking to recover its legal costs from York University, as is normal. It is asking for a lump sum of $549,703 which consists of $321,000 for fees and $228,703 for disbursements and HST. Its material filed on August 10, 2017 is as follows:

York University will have a chance to file written submissions in response. It may be noted that cost recovery in the Federal Court is normally only a portion of the party’s actual costs. It also may be noted that cost recovery normally proceeds even while an appeal is pending, unless there is a stay order in place and this is rare. Apparently, York has made no attempt to stay the costs order process or any other aspect of Justice Phelan’s judgment.

York’s costs will not become public unless and until it succeeds on appeal and gets an order for costs below and files material in support of its costs claim. What we do know so far is that in December 2015, it was estimated that this litigation would cost York and contributing institutions “hundreds of thousands of dollars, if not a million”, according to York GC Maureen Armstrong in an interview reported on December 29, 2015.  I have no information as to whether that estimate is still valid.

Access Copyright is seeking a lump-sum award approximating 50% of the expenses incurred by it to employ its salaried litigation counsel in this litigation and 100% of its out-of-pocket disbursements. The judgment lists three counsel for Access Copyright. By comparison, York University has five counsel listed in the judgment from a large outside law firm.

For those interested in how this case unfolded, there are some interesting details in Roanie Levy’s affidavit.

HPK


Friday, August 11, 2017

Access Copyright Seeks ~$550,000 in Costs from York U for Phase I of Federal Court Litigation

On August 10, 2017 Access Copyright filed a motion for costs which appears on the docket as follows:

Notice of Motion contained within a Motion Record on behalf of Plaintiff in writing to be placed before the Court in Ottawa for an Order awarding the plainff a lump sum of $549,703 in accordance with the award of of costs made in its favour in the Judgment issued 12-JUL-2017; and such further relief filed on 10-AUG-2017
(highlight added) 

I will likely have more to say about this in due course. But, for the moment, suffice it to say that this sought-after figure of ~$550,000 is only for Phase I and, of course, does not include any potential damages. 

HPK


My Current Personal Inputs re NAFTA Renegotiations Set to Start August 16, 2017


With the NAFTA renegotiation set to start on August 16, 2017, I am posting two of my own personal inputs:


HPK